Requesting compensation for loss (formerly plan damage).

Compensation for damages is compensation for damages that the municipality lawfully causes. For example, due to road work that takes a long time or building plans. From January 1, 2024, disadvantage compensation also includes compensation for planning damage.   

For damages resulting from decisions made before January 1, 2024, the old regulation applies; the plan damage regulation. Look for this further down this page. 

Disadvantage compensation  

The municipality can amend an environmental plan or issue an environmental permit. For example, if a new residential area is to be built. Or if a new road is being built. You may suffer as a result. For example, because your home becomes worth less or you lose income.  

It can also happen that work carried out by the municipality is detrimental to you. For example: your business was difficult to access for several months because of delayed sewer work. 

Conditions of compensation for loss

You are entitled to compensation if all the situations below apply:  

  • the damage falls outside the normal social risk (excess) or entrepreneurial risk;
  • the damage affects you more severely compared to other residents or businesses.  

The damage must:  

  • or are the direct result of the decision or action. For example, the construction of a home; 
  • or result from the performance of the activity. For example, a temporary road closure;
  • or result from the activity, which may not be seen until later. For example, damage from groundwater pumping may not show up until years later.  

View all conditions in the Regulation on Disadvantage Compensation of the Municipality of Tytsjerksteradiel.  

When are you not entitled to the loss compensation?

You are not entitled to loss compensation if:

  • you have accepted the risk of the damage occurring;
  • you find that you have damage due to unlawful actions or decisions of the municipality. For example, when the municipality does not repair bad road surfaces, which may cause danger to traffic;
  • the damage occurred more than 5 years ago;
  • the damage falls within normal social risk;
  • the damage is otherwise insured.

Requesting compensation for damages

Submitting a request is form-free. The request must at least contain a justification and an explanation of the amount of the compensation requested. A request for loss compensation can be addressed to the Municipal Executive.   

Calculation of damage amount of loss compensation

With compensation for loss, you never get back the entire amount of the damage or decrease in value. At least 4% of the original value is for your account. 

An example: 

Your home has been appraised at €300,000. Due to a new development next to your home, your home has lost € 25,000 in value. Then the first (4% of € 300,000) € 12,000 constitutes the normal social risk. You are then still entitled to disadvantage compensation of € 13,000. 

Compensation application costs

You pay €300 for processing your application, and this money will be returned to you if your damage exceeds the normal social risk and you are entitled to compensation.

Plan damage

For damages resulting from decisions made before Jan. 1, 2024, the old regulation applies; the so-called plan damage regulation. Plan damage occurs when a house or a piece of land becomes worth less due to a change in a zoning plan. For example, if the municipality constructs a freeway near a residential area. You can request compensation from us.

Planning damage conditions

You can be compensated for damages only if:  

  • you have suffered damages in the form of loss of income or decrease in the value of your home;  
  • you could not have foreseen those damages when you bought the property;  
  • the damage has not already been compensated by other means;  
  • the damage was caused by a planning measure;  
  • you submit the application within five years from the time the planning measure became irrevocable.  

View all conditions in the Regulation procedure for advising on compensation for planning damage of the Municipality of Tytsjerksteradiel.  

Applying for planning permission

You can apply for compensation for planning damage using the Request for Compensation for Planning Damage form. Send it to the Municipal Executive. The application form can be found at the bottom of this page.   

Calculation of damage amount 

With planning damages, you will never get back the entire amount of the decrease in value. At least 2% of the original value is for your account. This applies to decrease in value of properties and also to decrease in income.  

An example: 

You have a house worth €300,000. Due to a change in the zoning plan, the value becomes €200,000. The reduction in value is €100,000. You will not be reimbursed this entire amount. At least 2% of the value of the property before the value decreased is not compensated.  

In this case, you could receive a maximum of €94,000 as compensation. Calculation:  

  • 2% of the original value is €6,000 (2% of €300,000);
  • The reduction in value is €100,000 (€300,000 - €200,000);  
  • You will receive at most: €100,000 - €6,000 = €94,000 (depreciation minus the amount for your own account).

Cost of applying for planning permission

You pay €300 for processing your application, which you will receive back if your application is approved.